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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Campus Sexual Assault, College campus safety, College Sexual Violence, Education Expert, Harassment/Bullying, Personal Injury, School Gun Violence, School liability, School Safety & Security, School Violence, Sexual Abuse, Standard of Professional Care, Student safety
July 18, 2023

All colleges and universities owe some level of care and have a duty to keep students reasonably safe while attending school and residing on campus. Colleges and universities have to plan and take proactive initiatives to minimize the incidence of violent crimes and student injury and harm resulting from college...

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Campus Sexual Assault, Child victims act claims, childhood sexual abuse, College Sexual Violence, Education Expert, Harassment, past sexual abuse, School liability, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, statute of limitations
May 25, 2023

In the field of education administration and student supervision, the current professional standard of care related to prevention, detection, investigation, and remediation of child sexual abuse and harassment is the result of a cumulative progression of events and cultural changes over several decades. This includes standards for maintaining appropriate policies,...

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Education Expert, Gun Control, Personal Injury, School Gun Violence, School liability, School Management, School Negligence Lawsuit, School Safety & Security, School Shooting, School shooting prevention, School Shootings, School Violence, Standard of Professional Care, Student safety, Wrongful Death
March 10, 2023

Schools have a duty to protect students, faculty, and staff from harm arising from acts of violence, such as school shootings, when the harm is reasonably foreseeable. However, schools are not built like fortresses, nor should they be. It is not the latest security technology, metal detectors, or an indoor...

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School Safety & Security, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX, Uncategorized
July 19, 2022

Part 1 of this series provided a general overview of the Title IX Amendments of 2020 (the new Title IX rule or the Final Rule), how they differ from previous amendments, a definition of sexual harassment, the role of the Title IX coordinator, and who should report allegations of sexual...

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504 accomodation, 504 plan, Bullying, Campus Sexual Assault, Child/Student Supervision, Critical Health Condition, Disability Harassment, Education Expert, Harassment/Bullying, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, Sexual Abuse, Sexual Abuse in Private Schools, Special Education, Standard of Professional Care, Student Rights, Wrongful Death
February 24, 2022

Children with disabilities in residential and therapeutic facilities are among those who are most vulnerable to abuse and other forms of harm. Protecting the safety of children and the facilities where they reside from costly litigation is achievable through proper policies, training, supervision of staff and students, and continued proactive...

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Discriminatory Harassment, Harassment, Personal Injury, Racial Harassment, Restraint and Seclusion at Schools, School Gun Violence, School Police Violence, School Safety & Security, Special Education, Student Rights, Uncategorized, Wrongful Death
April 20, 2021

Removing police from schools has been part of the Black Lives Matter movement for years. Research shows that schools with a police presence are more likely to refer children to law enforcement, even for non-serious behaviors. According to the Education Week Research Center, black students in most states are more...

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Bullying, Campus Sexual Assault, Disability Harassment, Discriminatory Harassment, Education Expert, Employment Discrimination, Harassment, Harassment/Bullying, Hazing, Racial Harassment, Restraint and Seclusion at Schools, School Liability Section 1983, School Management, School Police Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Title VII, Uncategorized
January 30, 2020

Educating students is not the only responsibility of school districts. Federal and state laws require schools to be proactive about protecting the civil rights of their students and to foster a positive learning environment free from discriminatory harassment. Several federal laws — Title VI of the Civil Rights Act of...

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Uncategorized
October 29, 2019

Physical and school sexual abuse of students in educational institutions has been a recognized and foreseeable risk and something that all schools, including boarding and prep schools, need to proactively guard against. Boarding schools are responsible for the supervision of students in dorms and outside of the classroom to prevent...

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Uncategorized
February 21, 2019

Sexual behaviors in young children can range from exploratory and normal to abusive and violent. Under federal law, Title IX of the Education Amendments of 1972, schools have an obligation to protect children from inappropriate sexual behavior, including child-on-child sexual abuse. This obligation can be complicated when the allegation involves...

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Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Negligence Lawsuit, Student Rights, Uncategorized
October 31, 2018

Schools, including public, private, and charter K-12 schools, and colleges and universities, have a responsibility to protect students from physical and emotional harm. Harm that creates a climate of fear can interfere with a student’s education, leading to a range of outcomes from failing courses to, in the worst case,...

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Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Injury of Special Education Students, Personal Injury, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
September 12, 2018

Parents send their children to school expecting that their kids will be safe.  The parents trust that the school’s staff will act in their place and look out for their children’s welfare in the same way they would.  The presence of security guards, school police, or resource officers at the...

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